Res 00-319
RESOLUTION NO. 00-319
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING AN
AGREEMENT BETWEEN THE CITIES OF FEDERAL WAY
AND DES MOINES RELATING TO POTENTIAL
ANNEXATION AREA DESIGNATIONS.
WHEREAS, on December 16, 1996, the City of Federal Way and the City of Des
Moines executed an agreement relating to the potential annexation areas ("P AAs") adjoining the two
cities; and
WHEREAS, a portion of the boundary between the City of Federal Way's PAA and
the City of Des Moines' P AA adjoins the western boundary offive lots owned by Donald and Marie
Tavis and on which Granville Southern Corporation holds an option to purchase, and adjoins the
eastern boundary of an additional, larger lot also owned by the Tavises and on which Granville
Southern also holds and option to purchase; and
WHEREAS, Granville Southern and the Tavises have negotiated a development
agreement with the City of Des Moines and the City of Federal Way to govern the future
development of the property owned by the Tavises; and
WHEREAS, the development agreement contemplates subdivisionofthe six lots, and
construction of the future 15th Avenue South; and
WHEREAS, the alignment of 15"' Avenue South approximates the current PAA
boundary, except where it crosses the south portion of the Tavises' property; and
WHEREAS, the P AA Agreement between the Cities of Des Moines and Federal Way
ORD # 00-319
,PAGEl
(Ç(Q)[F)Y(
provides that the Agreement may be amended by the mutual consent of the legislative authorities
of the two cities; and
WHEREAS, the P AA Agreement provides that it may be amended when supponed
by substantial evidence of a significant change in one of criteria listed in the Agreement; and
WHEREAS, those criteria include "creation of logical service areas (velricular
accessibility and utility construction)" and "recognition of physical boundaries," including
"freeways, highways, and arterials"; and
WHEREAS, by virtue of the construction of 15th Avenue South, development of the
Tavis property will result in a substantial change to logical service areas and physical Doundaries;
and
WHEREAS, on July 18,2000, a public hearing was held concerning the potenrial
change to the PAA boundary to correspond to the alignment of the future 15th Avenue South;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY HEREBY
RESOLVES AS FOLLOWS:
Section I. Findings. The City Council hereby finds that:
A.
Substantial evidence exists that development of the Tavis Property and 15'" A vem.ue
South will result in a significant change to logical service areas, with respect to vehicular
accessibility and utility construction to serve lots east of the new 15th Avenue South, and 1hat
construction of the road will result in a significant change to physical boundaries; and
B.
These significant changes warrant amendment of the P AA boundary to correspond
to the eastern edge of the 15th Avenue South right-of-way.
ORD # 00-319
, PAGE 2
Section 2. Amendment of PAA Boundarv. The City Council hereby approves
amendment of the P AA Boundary Description and Map, attached as Exhibit A to the Agreement
Between the Cities of Federal Way and Des Moines Relating to Potential Annexation Area
Designation, dated December 16, 1996. Subject to the concurrence of the City Council of the City
of Des Moines, the boundary shall be amended as set forth in Exhibit A attached hereto and
incorporated by reference herein.
Section 3. Severability. If any section, sentence, clause or phrase of this resolution
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect the validity or constitutionality of any other sectioñ, sentence,
clause or phrase of this resolution.
Section 4. Ratification. Any act consistent with the authority and prior to the
effective date of the resolution is hereby ratified and affirmed.
Section 5. Effective Date. This resolution shall be effective immediately upon
passage by the Federal Way City Council.
RESOLVED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, this ---11ith. day of
Julv
,2000.
CITY OF FEDERAL WAY
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(' MAYOR, . P
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ORD # 00-319
, PAGE 3
APPROVED AS TO FORM:
~Œ~~
INTERIM CITY ATTORNEY, BOB C. STERBANK
FILED WITH THE CITY CLERK: 07/13/00
PASSED BY THE CITY COUNCIL: 07/18/00
RESOLUTION NO. 00-319
K:\CDlORDINA IAMENDP AA DESMOINES. WPD
ORD # 00-319
, PAGE 4
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